State v. Burke

Decision Date31 January 1880
Citation82 N.C. 551
CourtNorth Carolina Supreme Court
PartiesSTATE v. MARION BURKE.
OPINION TEXT STARTS HERE

INDICTMENT for an Assault and Battery, tried at July Special Term, 1879, of RANDOLPH Superior Court, before Avery, J.

The defendants, Marion Burke and Patsey Burke (his mother) were charged with an assault upon one Ed. P. Smith. From the judgment pronounced upon the verdict of guilty, they appealed to this court. The exceptions taken on the trial are sufficiently set out in the opinion.

Attorney General, for the State .

The defendants not represented in this court.

ASHE, J.

There were several witnesses examined on the part of the state and the defendants. Ed. Smith, a witness examined on the part of the state, was asked by defendants' counsel, if he knew that his brothers had been indicted for the same offence as that for which the defendants were then indicted. Upon objection the evidence was excluded by His Honor because it was irrelevant. Their counsel then proposed to introduce the record of the indictment, trial and conviction of the brothers of the witness, but His Honor refused to admit the evidence upon the ground of its irrelevancy; and the ruling of the court upon both points was excepted to by defendants.

His Honor charged the jury that if they believed the testimony of any witnesses that had been examined, the defendants were both guilty. The charge was also excepted to by the defendants.

We are of opinion there was no error in the rulings on the exclusion of the evidence, or in the charge to the jury. The indictment and conviction of the Smiths were not competent evidence for the Burkes, for it did not follow that because the Smiths were guilty, therefore the Burkes were not guilty. Their guilt or innocence depends entirely upon their conduct in connection with the transaction.

When a judge makes a charge like that in this case, the rule is to consider the...

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7 cases
  • State v. Murphrey
    • United States
    • North Carolina Supreme Court
    • September 26, 1923
  • State v. Murphrey
    • United States
    • North Carolina Supreme Court
    • September 26, 1923
  • State v. Riley
    • United States
    • North Carolina Supreme Court
    • October 31, 1893
    ...guilty. This was correct upon the evidence set out, and if the jury had returned a verdict there would be no ground for exception. State v. Burke, 82 N. C. 551. But the case further states: "After pausing for a moment or two, and the jury manifesting no disposition to retire, the court told......
  • State v. Riley
    • United States
    • North Carolina Supreme Court
    • October 31, 1893
    ...guilty. This was correct upon the evidence set out, and if the jury had returned a verdict there would be no ground for exception. State v. Burke, 82 N.C. 551. But the further states: "After pausing for a moment or two, and the jury manifesting no disposition to retire, the court told the c......
  • Request a trial to view additional results

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